Saturday February 23, 2008 08:46 EST
McConnell/Mukasey: Eavesdropping outside of FISA is "illegal"........................
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In the letter from Chairman Reyes
http://atrios.blogspot.com/2008_02_10_archive.html#6229571246195545757 to which McConnell and Mukasey are responding, Reyes pointed out that under the still-existing FISA law, the Government is free to commence surveillance without a warrant where there is no time to obtain one. In response,
McConnell and Mukasey wrote:You imply that the emergency authorization process under FISA is an adequate substitute for the legislative authorities that have elapsed. This assertion reflects a basic misunderstanding about FISA's emergency authorization provisions. Specifically, you assert that the National Security Agency (NSA) or Federal Bureau of Investigation (FBI) "may begin surveillance immediately" in an emergency situation. FISA requires far more, and it would be illegal to proceed as you suggest.
Wow, what a blockbuster revelation.
Apparently, as it turns out, in the United States it's "illegal" for the Government to eavesdrop on Americans without first complying with the requirements of FISA. Who would have known? It's a good thing we don't have a Government that would ever do that, or a Congress that would ever tolerate such "illegal" behavior. And
it's so moving to hear the Bush administration earnestly explain that they are so hamstrung by FISA's requirements that we are all deeply vulnerable to the Terrorists, but they have no choice but to comply with its burdensome provisions -- because to do otherwise would be "illegal." ...............
So, you see, the Bush administration is in a really tough bind here, because they would really like to eavesdrop outside of FISA because they want to protect us all and keep us safe, but they just can't do that, because
eavesdropping without complying with FISA's requirements is "illegal," and that's something they would never, ever do.http://www.salon.com/opinion/greenwald/2008/02/23/mcconell/index.html